By Attorney Henry Moyal
PR CARD RENEWAL CAN TAKE MONTHS TO PROCESS
Q. I have lived in Canada as an immigrant for over six years. I did not renew my PR card and it has expired. I rarely travel so I never thought it was a problem. My mother in the Philippines is getting older and I want to visit her. Should I apply for my PR card or just Canadian Citizenship? Which one is easier and faster? Can I apply for both?
A. Yes, you can apply for both at the same time. Both applications require you to demonstrate that you lived in Canada and that you qualify for each program. If you lived in Canada for six years and rarely travelled, it is very likely you will have no problems with respect to eligibility for either application. The decision therefore is: do you apply for both at the same time or just one? If you only apply for Canadian Citizenship, then you will not be able to travel on a plane into Canada for about 12 – 14 months. You can leave Canada but returning with a PR card is a problem (unless you obtain a travel document from an embassy abroad). If you apply for the renewal of the PR card only, that will take about 150 days. If you have the means, I suggest that you apply for both simultaneously. The PR card will take about 5 months but if there is an emergency you can get it quickly.
Q. I’m a live in caregiver in Canada. I entered Canada three years ago to work as a nanny for an older woman. That employer recently passed away and I am in the process of applying for a new work permit for a new employer. The problem is that my work permit (under the name of the elderly woman) has expired. I was told I can apply for restoration within 90 days of the expiry. If so, can I work for my new employer until the new permit is issued? It seems the new permit will be issued in three months and I do not think my new employer can wait that long for me to work.
A. You cannot work for the new employer until you have a work permit with their name as the employer. You are correct in that you must and should apply for restoration within 90 days of expiry of the initial work permit. However, applying for restoration does not permit you to work for the new employer. You status will be “saved” and you will have implied status during the restoration period but again that does not authorize you to work.
Q. I read your article last month regarding unscrupulous consultants. I too have been duped by such con artists who often refer to themselves as “attorneys”. As well, why do these consultants always say they are in court? Which court are they referring to? I tried to follow up on my immigration case as nothing has been done on my file as they promised. In reply they threatened me and “reminded” me that it is illegal to work in Canada under the table. I am working part time but I need the money to send home. What do I do?
A. As you know, working in Canada without authorization is not legal. However, it is not the consultant’s business. The consultant cannot play policeman and act for you at the same time. What kind of consultant threatens a person with such a thing? It seems crystal clear to me that the consultant is only scaring you with rubbish so they do not refund your money. It is a tactic often used by consultants who prey on illegals in the country. The applicants usually give up for fear they will be reported by the consultant. In my opinion, the consultant should have their licence revoked. However, consultants do not have licenses and do not have law degrees and are not lawyers…so you really do not have much recourse but to sue in small claims court. And to answer your question, that is probably the court that the consultant is always at….small claims court – as a defendant to all the claims made against them.
IMMIGRATION UPDATE: AS OF DECEMBER 1, 2011 ALL FEDERAL APPLICATIONS NOMINATED UNDER THE PROVINCIAL NOMINEE PROGRAM OR QUEBEC WILL NEED TO BE SUBMITTED TO THE CENTRALIZED INTAKE OFFICE IN NOVA SCOTIA. THE FEDERAL APPLICATIONS ARE NO LONGER SUBMITTED TO THE VISA OFFICE ABROAD.*
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by phone 416 733 3193 or email www.moyal.com
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